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TAW-52656  /  Agere Systems (Allentown, PA)

Petitioner Type: Union
Impact Date: 08/30/2003
Filed Date: 08/22/2003
Most Recent Update: 10/07/2003
Determination Date: 10/07/2003
Expiration Date: 10/07/2005

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,656

AGERE SYSTEMS, INC.
ALLENTOWN, PENNSYLVANIA

Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on October
7, 2003, applicable to workers of Agere Systems, Inc., Allentown,
Pennsylvania. The notice will be published soon in the Federal
Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
produce integrated circuits and are not separately identifiable
by product line.
New findings show that there was a previous certification,
TA-W-39,449, issued on August 29, 2001, for workers of Agere
Systems, Integrated Circuits Div., Allentown, Pennsylvania who
were engaged in employment related to the production of
integrated circuits. That certification expired August 29, 2003.
To avoid an overlap in worker group coverage, this certification
is being amended to change the impact date from August 15, 2002
to August 30, 2003, for workers of the subject firm.


The amended notice applicable to TA-W-52,656 is hereby
issued as follows:
"Workers of Agere Systems, Inc., Allentown, Pennsylvania,
engaged in employment related to the production of
integrated circuits, who became totally or partially
separated from employment on or after August 30, 2003,
through October 7, 2005, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."

Signed at Washington, D.C. this 3rd day of November, 2003.

/s/ Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,656

AGERE SYSTEMS, INC.
ALLENTOWN, PENNSYLVANIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on August 22, 2003 in response
to a petition filed by the International Brotherhood of Electrical
Workers (IBEW), Local 1522, on behalf of workers of Agere Systems,
Inc., Allentown, Pennsylvania. The workers produced integrated
circuits. Workers are not separately identifiable by product line.
The investigation revealed that sales and employment at the
subject firm decreased from 2001 to 2002, and in January through
June of 2003, when compared to the same period in 2002.
The investigation further revealed that the subject firm did
not import integrated circuits or shift production of integrated
circuits to a foreign country during the relevant period.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of integrated circuits in 2001-
2002 and January to June, 2002-2003. The survey revealed increases
in imports in the periods under investigation.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with integrated circuits produced at
Agere Systems, Inc., Allentown, Pennsylvania contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Agere Systems, Inc., Allentown, Pennsylvania
who became totally or partially separated from employment on
or after August 15, 2002 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Signed in Washington, D. C., this 7th day of October, 2003.

/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance